Unauthorized occupant - Landlord Forum thread 342680

Unauthorized occupant by Anonymous (NJ) on February 1, 2016 @13:41

My lease says T pay $ 75 per month from start of the lease till end if extra occupant (more than 4 days or night there in calendar month) and even after paying it does not mean that extra occupant allowed.
My T had boyfriend always there ( I have security cameras). She was under 12 violations in 3 months. We served her notice for fines for all violations, attorney fees and 75 a month for 3 months for unauthorized occupant. She agreed to pay only $ 225 which covered my attorney fees and we let her stay yet we sent another letter through attorney saying we will accept $ 225. We did not say other amount is waived. also, said if further or continued violations, we have right to sue after accepting $ 225.
Her Boy friend brings 2 kids every other week and he is there still today. Is she violating Fed occupancy law by bringing 2 kids for 3 to 4 days a month in one bed apt? Will this make my case stronger?

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Re: Unauthorized occupant by Anonymous on February 1, 2016 @16:10	[ Reply ]

Sounds like you are ok with the boyfriend living there as long as you are getting your $75. You said she agreed only to pay $225 ($75 per month x 3 months=$225) she is right. If you have to send her a letter every month to pay the extra $75 I see to options. 1. Evicte her. Or 2. Raise the rent and put boyfriend in lease. As for the kids they are not violating the lease if they are only there for two weekends a month. Sounds like he is trying to be a good father to his kids. Only way to fix that is evicte you tenant. If this is your only problem with the tenant raise the rent add boyfriend to lease and let him be a father to his kids two weekends a month it could be worse. Good luck.

Re: Unauthorized occupant

Re: Unauthorized occupant by Garry (Iowa) on February 2, 2016 @10:06	[ Reply ]

Lets say your lease lists certain things that are violations of the lease, such as no unauthorized people or extra people, no pets, no smoking , no extra vehicles, no parking on the grass, etc., etc., and then the T violates them. And you say " OK, you can violate my lease as long as you pay me more money" You can do that, but in the future, you cannot go into court and ask a judge to evict the Ts for those violations, or even ask for monetary damages, and expect to win. You basically accepted a bribe for looking the other way. As Judge Judy sometimes says, " you must come to court with "clean hands" "-----yours wouldn't be. At the very least, it would be a very interesting case in court. You should run it past your attorney before filing a law suit.

Re: Unauthorized occupant by MrDan (Georgia) on February 3, 2016 @10:56	[ Reply ]

This is blizzard from many stand points. First problem; In New Jersey, It is illegal to discriminate against a prospective or current tenant because of race, creed, color, national origin, sex, gender identity or expression, marital status, civil union status, affectional or sexual orientation, familial status, actual or perceived physical or mental disability, ancestry, nationality, domestic partner status, or source of lawful income used for mortgage or rental payments. It is also illegal to place any advertisement or make any statements or utterances that express, - directly or indirectly, any limitations to offer housing based on any of those characteristics. Second problem; You will have a hard time defending an occupancy standard of only one person in a one bedroom apartment. HUD has often sued landlords for just limiting two occupants per bedroom unless special circumstances applied. There is no 'Federal Occupancy Standard', in fact Federal law prohibits the creation of any such occupancy standards. Third problem; Your 'Guest Policy' requirements, after a quick law reference, indicate that they are not enforceable under New Jersey law as they are unreasonable compared to others that were less restrictive and were struck down by your State Supreme Court. Your lease requirement that a person becomes an occupant "more than 4 days or night there in calendar month" is vague and unenforceable and similar lease clause have been struck down by New Jersey Courts. Issuing a 'fine' against the tenant for having guest, including children over for a few days is asinine just on principle of fairness. Another requirement by New Jersey law is that a lease clause, rule or requirement be both fair and reasonable or it's void and unenforceable. If a fine exceeds an amount reasonably related to the damages suffered by the landlord, the fine will be considered a penalty and will not be enforceable. So the question is, are you indeed accessing a 'fine' or are you just applying an additional amount of rent to accommodate the extra occupant? "A tenant has the right to have friends or relatives visit for a few days without getting permission from the landlord. A restrictive 'guest policy' lease provision cannot interfere with the tenants covenant of quiet enjoyment set forth under State law" (Superior Court of New Jersey, Appellate Division) Curious how you would defend that a person is not an 'occupant' but yet you require additional payment for an extra occupant under your lease terms. Fair Housing violations; Your lease would disallow such regular visitors as babysitters and visiting care providers for the elderly or disabled. A clear violation of Federal Law. The tenant could not have the same guest on continuous weekends, entertain a relative or friend for five continuous days or exercise a two-week visitation or regular weekend visitation with the tenant's child pursuant to a shared custody or visitation arrangement. (Remember all lease terms must be applied to all tenants equally) It would bar "reoccurring visits" by adult persons or children within a 30 day period. "We served her notice for fines for all violations" This is clearly in violation of the tenants rights to reasonably enjoy her apartment. The tenants has rights under both State and Federal law. A landlord cannot levy fines for children visiting. Under Fair Housing laws, a landlord cannot place restrictions on children unless it involves a health issue. It's unbelievable that a landlord could impose additional fees because someone had children visiting them and that would pass mustered with Fair Housing laws. Under the Fair Housing Act, you seem to have discriminated against this tenant on several issues. Some where along the line, this tenant perhaps will learn of her rights and file discrimination charges for fair housing violations. "Will this make my case stronger?" The risk here is that the tenant sues in State or Federal court or brings charges under HUD for discrimination and whether you can propose a valid legal defense. The court does not recognize ignorance as a defense to discrimination charges. Your lease requirements and your imposed fines would appear to bolster the tenants claim of discrimination. Bad landlords result in bad laws. It would be a sad thing if bad laws were passed that impact the majority just because of a small minority.